Legal Question in Civil Litigation in Washington
This event happened on Friday Feb 19th 2010
I live in a mobile home park. I own my home and pay monthly rent for my space. I was helping out a friend and letting him stay with me till he got caught up on bills. my problem is one week ago he just said out of the blue he was moving out. And i needed to move a vehicle for him to do so. He told me a friend of his was helping him and this was NOT someone i wanted in my home. So i told him no. At this time he started telling me that him and his friend are coming in my home whether i like it or not. So i proceeded to tell him that i am armed and will do whatever it takes to protect myself in my own home. That he is NOT forcing his way in. I then told him i would put all his things outside, in which i did.
He continued to threaten me cuz he said he wanted the tv and kept threatening me with violence and harm so i called the police. they told me i was completely within my rights of everything i did and i also told them the truth that he has a drinking problem. (which he does) i was sober and told the police that i offered my ex-friend that he can call me tomorrow and set up a time to get his stuff, but i will not be threatened.
That same day i found out he was moving into my nieghbors place and they were dating each other. Me and her used to be friends with benefits, then just friends and havent really been anything for about a month. (this was over a time period of the last year with her).
The police were then called again because he was next door with his friends, yelling slandering my name and calling my current girlfriend very vicious names. and the police came and made them disperse.
Now the following monday he called my phone leaving a threatening voicemail telling me i need to sleep with a gun on me. Saying i called his work or something and they have phone records...and i have no idea what he's talking about. So i filed a emergency temporary restraining order on him. He was served that night and was forced to leave the residence next door to me.
(in order for him to live there legally he must first pass a full background check from the park manager)
Everything has been fine till today. Today is friday feb 26th. I received a restraining order from my neighbor saying nothing but false information about me. Saying that friday i was telling everyone that i will shoot anyone that comes near my place, that she has been threatened by me since september??
Yet i am having friends of mine that have seen me and her together on various occasions holding hands as friends, having dinner/lunch with friends and so on...from july until this past January.
I'm having them fill out statements, signing them and getting them notorized for defense in my behalf. Since i have a court date on the eighth for her permanent restraining order court date.
I'm also getting copies of my phone records to show how many times she has called me in the last six months.
And i've also requested copies of the police reports to use in court.
I'm just curious what else i can do. My ex friend and my neighbor are turning this small situation into something its not. I want nothing to do with him or her and i could care less about her in a romantic or even a friendship way.
As far as me going to court to get a 1yr restraining order on him i am using the police reports and also his threatening voicemail.
Also: on top of all this headache in my life...my phone was stolen yesterday and Sprint told me that my voicemails may get erased when i transfer to my new phone.. So if i use a mini tape recorder and tape the voicemail off of another phone will i be able to use that recording in court?
the voicemail says his number, time and date?
And i will have phone records to match up the times.
Thank you all very much for any information!
I just want this to be in my past!!!
1 Answer from Attorneys
You are doing most of the things you ought to be doing. One word of caution. Make sure that you file all the written declarations or notarized affidavits from your friends, as well as the telephone records and the recorded phone messages with the court and the opposing parties in ADVANCE of the hearing so that everyone has an opportunity to review the evidence. This will help you overcome any objections, particularly to the use of the recorded messages.